Parker Stuff
Will the Supreme Court take the case? One aye. one nay.
My thoughts: coin flip, with a sleight favorite to yes.
People keep pointing out that there is now a divide among the circuits. Well, there has been since Emerson, which concluded there was an individual right to arms. The Supreme Court didn’t take it then. But now we have some new judges and one of those (the chief justice) understands Miller. We’ll see.
Meanwhile, the opposition lies and misleads.
The antis are spinning this one as hard as they can. I think I know why: It’s dangerous now. Years ago, if this case made it to the SCOTUS, I don’t think they’d have upheld individual rights. Today, I think they might (Scalia, Roberts, Alito, & Thomas are likely yays – and surely they could pick up one more).
Pro-Gun Progressive concurs:
Seems they’re really angling for the SCOTUS showdown. I’m not entirely uncomfortable with the idea; while I part ways with Alito, Roberts, Scalia, and Thomas on a lot of issues, I have to think we’re in good shape with those four votes re: the RKBA.
March 13th, 2007 at 9:26 am
Just a quick question, I assume that Parker has been stayed, pending appeal, but I can’t find that statement anywhere. Has it? Anyone know?
March 13th, 2007 at 9:31 am
Not seen it. I heard the mayor of DC has said he will continue to enforce the ban.
March 13th, 2007 at 9:44 am
Yea, I did see that. It’s the reason I’m assuming it’s been stayed, but that’s not proof.
We all know what happens when a mayor like Ray Nagen defies a court order. He gets slapped with having to pay a few thousand dollars out of the city’s general fund. I hear that works great as a deterrent too.
March 13th, 2007 at 11:21 am
From what I gather, it hasn’t been stayed but they are continuing to enforce the ban. Its more of a PR thing though than anything substantive. They lost over the ban on accepting new handgun registrations.
They have to allow people to register guns, but since they don’t have a system in place to do so, they first need to develop that system which is going to take some time (and boy, theres gonna be some fights over that too).
So, yes, while he says he is still enforcing the law its sort of a meaningless threat since all it means is you still can’t register guns. If the plaintiff’s want to force the issue, I suppose they could then file a petition with the DC Superior Court forcing the registration, but frankly I doubt that would be heard in an expidited fashion by the court and so your probably looking at the same time frame (realisticaly) as it would take to see if the DC Circuit was going to reverse en banc.
Regarding the movement of guns in the home – I don’t know. he could be enforcing it, but I sort of doubt it since as it stands right now its 100% impossible to secure a conviction based on someone carrying a gun from one room to another (or assembling their shotgun inside their home) and that if they actually did arrest someone for doing this they would have a pretty embarassing 1983 action filed against them (42 USC 1983, civil action for deprevation of rights)
March 13th, 2007 at 11:22 am
One more thing – don’t discount Ginsberg or Kennedy on this.
Heck, I wouldn’t be surprised if we won 7-2 (or if it was at least 5 for us with two concurring in the judgment)
March 13th, 2007 at 12:40 pm
The system to register guns in DC is already in place and being actively used for long guns. Any delay on those grounds is unconscionable and, one would hope, will be punished with a contempt of court charge.
March 13th, 2007 at 2:33 pm
Contempt of court charges for big city mayors seem to be a bit different from contempt of court charges for people like you and me.
March 13th, 2007 at 2:39 pm
I didn’t realize it was the same system. Last I checked, they were different statutes (and different forms) controlling the process (not to mention different standards to qualify).